Elgin Pedestrian Accident Attorneys
Pedestrian accidents are a serious threat to every person who walks around on the streets of Elgin. Injuries from car crashes can be life-altering, and many victims experience long-term health issues due to their injuries.
At The Law Offices of Rosenfeld Injury Lawyers, LLC, our personal injury attorneys believe that everyone deserves justice when they've been hurt due to someone else's negligence.
Your Elgin personal injury lawyer will fight hard for you because we know how important it is to get back on your feet after suffering catastrophic injuries like brain damage and spinal cord trauma following an auto collision with a careless motorist.
Contact our Elgin personal injury law firm at (888) 424-5757 (toll-free phone number) or use the contact form for immediate legal advice and schedule a free consultation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Pedestrian Accident Statistics
Pedestrian accident fatalities have increased by 22% in large metropolitan areas between 2007 and 2012, with Dallas posting the highest increase at 47%.
Young pedestrians are overrepresented in overall traffic collision statistics, which is especially true for a fatal pedestrian accident. For example, children under age 14 account for 12 percent of all pedestrians killed every year, making up two percent of the population.
In 2013, 4,735 pedestrians were killed in traffic accidents across the country. Nine pedestrian fatalities and more than 100 injuries resulted from collisions with motor vehicles in Elgin, Illinois.
Although not as large as nearby cities like Chicago and Rockford, which typically have nearly twice as many pedestrian fatalities, Elgin is still a dangerous city for pedestrians.
Elgin has been recognized as having the second most dangerous downtown in Illinois and ranks among the top high-pedestrian areas in the country. The 15-block downtown area of Elgin contains more than half of all pedestrian/car accidents within the city limits and nearly 30 percent of pedestrian deaths.
Catastrophic Pedestrian/Car Accidents in Elgin
Elgin pedestrian/auto accidents often take place near downtown intersections that lack traffic lights or crosswalks.
Most pedestrian collisions within city limits are at uncontrolled intersections with stop signs or yield signs, where drivers may become distracted by nearby businesses and rush through the intersection without checking for pedestrians.
Where Pedestrian Accidents Happen
However, pedestrian/auto accidents also occur in and around residential areas and industrial zones where vehicle speeds are higher. An unfortunate fact for pedestrians is that they often lose when crossing busy streets or intersections.
At uncontrolled intersections, drivers may not see the pedestrian until too late due to high speeds and limited vision. Elgin drivers can easily get distracted or discouraged by large intersections, leading to more pedestrian/motor vehicle accidents.
The Most Dangerous Time of Day
In addition to the dangers of uncontrolled intersections, many Elgin pedestrian/car accidents occur between 7:00 pm and 3:00 am when visibility is low, and drivers are impaired.
Therefore, pedestrians should always make themselves visible at night by wearing bright clothing and carrying a flashlight when walking.
Maintaining traffic lights, pedestrian walkways, and crosswalks is essential to creating a safe pedestrian environment. Although accidents can still happen even with proper safety measures in place, the chances are significantly reduced when drivers can focus on what's ahead rather than potential obstacles on the road.
Pedestrian Accident Attorneys in Elgin
If you or someone you love has been injured in an accident, contact an experienced pedestrian accident attorney at Rosenfeld Injury Lawyers, LLC today to schedule a free case evaluation.
Our attorneys are committed to providing outstanding legal representation for all of their clients at our law firm.
Common Pedestrian Injuries
According to the National Institute of Health (NIH), the most common pedestrian accident injuries involve the leg, head, and neck.
Common injuries include:
- Broken bones
- Traumatic brain injuries
- Puncture wound
- Internal organ damage
- Spinal cord injuries
- Facial trauma
- Internal bleeding
All of the serious injuries listed above could result in expensive, ongoing medical costs. Additionally, many of these injuries result in permanent disabilities and disfigurement.
Transportation Safety Laws in Illinois
According to the Illinois Department of Transportation, laws like "Walk Your Child to School Day" are held around Chicagoland to promote pedestrian safety.
Additionally, the department encourages parents and their children to practice good safety habits in school zones, crosswalks, and outdoor play areas during sponsored events throughout the year.
Drive Safely: Tips for Pedestrians
Pedestrians must be proactive to ensure their safety and the safety of others. Remaining safe while walking requires following specific rules.
Some tips to keep pedestrians safe involve:
- Always obey traffic laws
- Always cross the street in a designated crosswalk when possible
- If no crosswalk is available, walk at least six feet away from oncoming traffic
- Make eye contact with drivers and pay attention to their actions before crossing the road
- Don't assume that a driver has seen you just because they have slowed down or stopped
- Never assume that you have the right of way or that a driver will see you
- Be visible at all times by remaining on sidewalks and remaining alert when near traffic
- At night, wear reflective clothing to increase your visibility to drivers
- If walking after dark, carry a flashlight to remain visible
- Always use designated crosswalks when crossing the street and avoid jaywalking
- Never walk while intoxicated by alcohol or drugs
Drive Safely: Tips for Motorists
The Illinois Department of Transportation recommends that drivers do their part in pedestrian safety by always paying attention when in traffic. Driver distractions are the leading cause of all accidents, including pedestrian collisions.
Drivers should avoid distractions like talking on a cell phone or texting while behind the wheel. These simple actions may take your eyes off the road for more than five seconds which is long enough to travel the length of a football field.
Additionally, avoid speeding and always yield to pedestrians in designated crosswalks or intersections where pedestrian traffic signals are present.
Contact a Pedestrian Accident Attorney in Elgin
If you have been injured in a pedestrian accident, our attorneys at Rosenfeld Injury Lawyers, LLC can help!
Our skilled and knowledgeable personal injury lawyers will get to work immediately to ensure that your rights are protected, your medical bills are taken care of, and you receive the full compensation that you deserve.
Rosenfeld Injury Lawyers, LLC offers free, no-obligation case evaluations. For more information, fill out our online contact form or call (888) 424-5757 today!
Proving Negligence in a Pedestrian Accident Case
Our personal injury attorneys maintain a successful track record of resolving pedestrian accident cases. Your Elgin pedestrian accident lawyer will use the comprehensive Illinois civil tort laws to prove negligence, showing how the actions of others led to the pedestrian's injuries or fatality.
Proving negligence requires showing the four elements of civil law, including:
- The defendant owed a duty of care to the plaintiff
- The defendant breached this duty by failing to act in a reasonable manner
- The defendant's negligent actions caused the plaintiff's injuries or death
- The injured plaintiff suffered injuries or a fatality as a result of the defendant's negligence
The amount of money that your Elgin pedestrian accident lawyer will request from the defendant depends on the specific facts of each personal injury case.
Types of damages in pedestrian accident cases can include:
- Lost wages
- Medical expenses
- Mental anguish
- Physical pain and suffering
- Loss of consortium
- Loss of companionship
- Funeral & burial expenses (in wrongful death cases)
- Punitive damages in cases where the responsible party's negligence was egregious
The negligent driver can be found criminally liable for reckless driving leading to an arrest and conviction in many cases.
However, under Illinois law, being criminally charged with reckless driving is not required for the injured party to seek financial compensation from the defendant or their insurance carrier.
Facts in the Police Reports
In some cases, the injured plaintiff cannot rely on the law enforcement's police report when the officer investigated the car accident in the moments after it occurred. Therefore, our firm will hire private investigators, accident reconstructionists, and legal experts to provide testimony in court when required.
This dedicated team of paid professionals expands the injured party's legal options in receiving maximum compensation for their economic and non-economic damages.
In addition, these personal injury cases often involve more challenging circumstances that will be difficult to prove without using a team of experts.
Additionally, experts in estate planning might also help identify the extent of the injuries, the amount of compensation required, and how much the insurance company will need to pay and a lump-sum, monthly, or yearly.
These funds will ensure that the injured party has sufficient funds to live with their permanent or temporary disabilities caused by the collision.
Illinois Statute of Limitations and How It May Impact Your Elgin Personal Injury Claim
Successfully resolving personal injury claims involving pedestrian/car collisions requires filing all the necessary documents and paperwork before the state statute of limitations expires.
In Illinois, the statute of limitations restricts the injured party to two years to file a personal injury lawsuit from the accident date.
Personal injury cases dealing with pedestrian/car accidents are not exempt from the statute of limitations. Suppose you fail to file the necessary paperwork before the statute of limitations. In that case, you will forever waive your right to ask for financial compensation or pursue legal action against the defendant.
Pedestrians and Vehicle Accidents in Illinois
Leading statistics for pedestrian/car accidents starting in 2013 until the present time show a significant rise in the number of cases leading to severe injuries and death.
For example, the Governors Highway Safety Association reported over 5,000 pedestrians lost their lives in vehicle accidents throughout the United States in 2013.
The NHTSA reported over 70,000 pedestrians were injured in vehicle crashes throughout the country in 2014.
Pedestrian/car accidents are on the rise spurring local governments to take action. For example, the City of Chicago reports that 673 pedestrians were injured in vehicle accidents, and three were killed in 2016. During the same period, the City of Elgin reports a total of 256 total crashes involving pedestrians.
The City also reported three fatalities and 209 injuries to pedestrians in 2018. Currently, new changes in crosswalk signals and cameras installed at some intersections may shorten pedestrians' time in crosswalks.
The Cause of Pedestrian Accidents
Most pedestrian/motor vehicle crashes occur at intersections where vehicles turn into the path of an unsuspecting, law-abiding pedestrian.
Other causes include:
- Distracted drivers: If a driver is distracted, they may not be able to notice pedestrians crossing the street even after the light turns red
- Distracted pedestrians: Texting, listening to music through earbuds, and using an electronic device distracts the pedestrian from the surroundings. It could lead to a devastating collision when the device is not used properly
- Aggressive drivers: Pedestrian safety requires that vehicles yield to pedestrians crossing at designated crosswalks. Aggressive drivers try to beat the light and speed up through an intersection which causes collisions
- Speeding: Not only is speeding dangerous, but it is a leading cause of fatal collisions. The faster negligent drivers travel, the less time the driver has to stop if they see a pedestrian on the road
How Insurance May Pay for Elgin Pedestrian Accidents
Carriers prefer to settle personal injury claims outside of court because insurance adjusters feel it is a lower risk. In many cases, the carrier will offer financial compensation for your injuries and medical bills through their insurance policy. It may be contingent on you signing a release agreement before receiving any money from the carrier.
- The Carrier: The insurance company for the negligent party is responsible for compensating you or your family members for your injuries and damages caused by the collision. The amount of financial recovery is based on the type and severity of your injuries, medical expenses, time missed from work, future earning capacity, and pain and suffering
- Personal Injury Attorney: If you do not receive a fair settlement offer from the insurance carrier, you need to contact an attorney specializing in personal injury law. Your attorney can seek damages for your medical expenses, future medical needs, lost wages, pain and suffering, and other damages not covered by the insurance carrier
If you have been injured in an Elgin pedestrian accident, contact our personal injury attorneys at (888) 424-5757 to discuss the facts of your case today. Schedule a free legal consultation with one of our attorneys dedicated to securing a settlement that compensates you for your injuries and damages.
Pedestrian Accidents and Wrongful Death Claims
Catastrophic pedestrian/motor vehicle collisions often leave the injured victims with life-threatening problems that claim their lives without immediate medical treatment.
These crashes are often caused by drivers who speed through intersections, turn into the path of unsuspecting pedestrians or pull out in front of someone walking.
The decedent's surviving family members may be compensated for wrongful death if they prove liability against the driver who struck them.
This financial compensation is based on the victim's pre-death expenses and suffering. The final settlement offer will be determined by the insurance company representing the negligent party.
A wrongful death claim will need to be filed in a civil court within two years of the accident or death. Then, the personal injury lawyer for the family will file a suit against the at-fault party, asking for economic and non-economic damages and punitive damages.
The judge may award economic damages for the decedent's medical fees, lost wages, and funeral expenses.
The non-economic damages may be awarded for the decedent's pain and suffering before death. The judge may also award punitive damages to punish the at-fault party for acting so recklessly.
Serious Injuries and Medical Malpractice
Pedestrian/car accident lawyers often deal with personal injury claims where the injured victim was re-harmed while receiving medical care in the emergency room or hospital. In these cases, the pedestrian/car wreck harmed the victim once, and medical malpractice re-harm them afterward.
Our law firm had reviewed medical records and witness statements showing how the medical team provided substandard care when the injured party received medical treatment, rehabilitation, and therapy. In some cases, the medical malpractice led to a fatality that could have been prevented had the doctors and nursing staff followed established protocols.
Our legal community holds insurance companies financially accountable for their policyholders who drove their motor vehicles recklessly, leading to a pedestrian/car accident.
Rosenfeld Accident Injury Lawyers: Seeking Justice Through a Pedestrian Accident Attorney
Although Elgin has made recent strides to improve pedestrian safety, much work still needs to be done. The best way to ensure the safety of pedestrians on Elgin's roads is to enforce stricter driving regulations and increase awareness of pedestrians.
If you or someone you love has been injured in an Elgin pedestrian accident, contact an Elgin pedestrian accident attorney today to schedule a free case evaluation!
An Elgin pedestrian accident attorney is standing by and available 24/7, at nights and weekends, to meet with you if necessary.
Our network of personal injury attorneys is dedicated to providing outstanding legal representation for all of our clients.
We understand that this is a difficult time for our clients and their families, which is why your personal injury lawyer will keep you informed every step of the way as your personal injury lawyer manages your case through litigation.
Rosenfeld Injury Lawyers LLC represents clients in personal injury lawsuits throughout Cook County, including Park Ridge, Niles, Rosemont, Skokie, Chicago, Morton Grove, Lincolnwood, Melrose Park, River Forest, Oak Park, and Harwood Heights. Call (888) 424-5757 today to schedule your free consultation!
Our personal injury law firm represents many clients in the legal community to ensure they receive the maximum financial recovery for their damages on a contingency fee basis.
Our personal injury lawyers treat every potential client with respect and dignity while listening to their story with the ultimate goal to recover damages on their behalf and alleviate the financial burdens caused by the crash.